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Military family selling rental home that we lived in for less than 2 years. How do I claim partial exemption on capital gains?

Hi,

 

We purchased our home in Sept, 2015 and then had to rent it out in December of 2016 until July of 2023 due to military orders.  We sold the house November, 2023.  We are still on active orders in another state. 

 

1)  How do we claim partial exemption on capital gains for the time we occupied the home?  The prompt asks me to only count time after 2018 towards time lived in home.  Why?

 

2) How do I account for the depreciation recapture? 

 

Thank you!

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3 Replies
Vanessa A
Employee Tax Expert

Military family selling rental home that we lived in for less than 2 years. How do I claim partial exemption on capital gains?

Yes, you may be able to claim a partial exclusion for the sale of your home even though you do not meet the 2 out of 5 year rule.  You may qualify for the special rules for members of the Military or Foreign Service.  This can extend your lookback period for an additional 5 years or a total of 15 years.

 

To enter this into TurboTax, select the following:

  • Federal
  • Income
  • Sale of Home under Less Common Income
  • Enter your home information 
  • Select No to did you live in your home for Time you lived in your home
  • Say yes to did you use your home for anything else and enter the number of days it was a rental
  • Continue through to Reason for Sale hit continue
  • On the Other Reasons for Sale select Military, Foreign Service, intelligence community employee, peace corp and continue
  • Yes to Depreciation after May 6, 1997
  • Enter the Depreciation amount

 

 

When you walk through the steps to report the sale of the rental property, TurboTax will ask you how much depreciation you have taken.  If you have used TurboTax every year, and import your last years return, that number will be auto populated. The depreciation will be from December of 2016 until you sold the property.  To easily get to the questions for the sale and depreciation recapture, after you enter the property address (or click edit if it is already there) the next screen will be "Do any of these situations apply to this Property?"   You will select "I sold or disposed of this property in 2023".  Next select Sale of Property/Depreciation then walk through the steps to enter the information about the house and sale.  About 3 screens in you will come to the depreciation screen where you can enter the accumulated depreciation to be recaptured. 

 

(Edited 1/30/24 @ 12:08PM PST)

@jmbland 

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Carl
Level 15

Military family selling rental home that we lived in for less than 2 years. How do I claim partial exemption on capital gains?

@Vanessa A 

You can't claim an exemption on the capital gains for the time you occupied the home because it was longer than 5 years ago so this home does not count as your personal residence anymore.

That's not quite right. They most definitely do qualify for at least a partial exemption. Per IRS Publication 523, page 4 under "Exceptions to the Eligibility Test" it states:You were a service member during the ownership of
the home.

Also read the 2nd column on that same page and you'll see they can "suspend" the 5-year look back period for ownership. 
Additionally, since they were relocated on official government orders, they qualify for a partial exclusion since they lived in the property for less than two years "because" of official government orders.

@jmbland assuming the property was classified as a rental at the time you sold it, the instructions below will apply. I can't stress enough to "read the small print" on each and every screen before you make any selections or enter any data.

Reporting the Sale of Rental Property

If you qualify for the "lived in 2 of last 5 years" capital gains exclusion, then when prompted you WILL indicate that this sale DOES INCLUDE the sale of your main home. For AD MIL personnel who don't qualify because of PCS orders, select this option anyway, because you "MIGHT" qualify for at last a partial exclusion.

Start working through Rental & Royalty Income (SCH E) "AS IF" you did not sell the property. One of the screens near the start will have a selection on it for "I sold or otherwise disposed of this property in  2023". Select it. After you select the "I sold or otherwise disposed of this property in 2023" you continue working it through "as if" you still own it. When you come to the summary screen you will enter all of your rental income and expenses, even if it's zero. Then you MUST work through the "Sale of Property/Depreciation" section. You must work through each individual asset one at a time to report its disposition (in your case, all your rental assets were sold).

Understand that if more than the property itself is listed in your assets list, then you need to allocate your sales price across all of your assets.  You will only allocate the structure sales price; you will NOT allocate the land sales price, since the land is not a depreciable asset.  Then if you sold this rental at a gain, you must show a gain on all assets, even if that gain is $1 on some assets. Likewise, if you sold at a loss then you must show a loss on all assets, even if that loss is $1 on some assets.

Basically, when working through an asset you select the option for "I stopped using this asset in 2023" and go from there. Note that you MUST do this for EACH AND EVERY asset listed.

When you finish working through everything listed in the assets section, if you ever at any time you owned this rental you claimed vehicle expenses, then you must also work through the vehicle section and show the disposition of the vehicle. Most likely, your vehicle disposition will be "removed for personal use", as I seriously doubt you sold your vehicle as a part of this rental sale.

 

Military family selling rental home that we lived in for less than 2 years. How do I claim partial exemption on capital gains?

Thank you! 

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